Rome, 31 August 2023 ‐ With the beginning of hunting season 2023-24 now imminent, the problem arises of the use of ammunition loaded with lead shot, material prohibited in wetlands and at a distance of 100 meters from them, based on EU Regulation 2021/57 of 25 January 2021, also in force in our country since last February.
The hunting associations gathered in the Control Room (Federcaccia, Enalcaccia, ANLC, ANUUM Migratoristi, Arcicaccia, Italcaccia and the CNCN National Hunting and Nature Committee) consider the contents of that Community legislation, as they have been formulated, not acceptable, despite much being obtained in the phase that preceded its enactment, to improve its prescriptions. Among the most criticizable aspects, the provision of penal sanctions based on a real presumption of guilt in the case of mere possession of a cartridge containing lead, in disregard of the fundamental principles of law, is particularly noteworthy.
As is well known, the core of the legislation lies in the definition of "wetlands", which the Regulation itself has not clarified, using the general definition of the Ramsar Convention, which also includes "temporarily" flooded areas.
In this context also the ministerial circular n. 72 of 9/02/2023, whose spirit and purpose are appreciated, has unfortunately not been decisive and we believe it still leaves too many uncertainties and interpretative possibilities, not eliminating the risk of exposing the hunter to the already mentioned criminal sanctions. The distinction, in fact, lies in the areas "ephemera" or "not usable as habitat by aquatic birds”, definitions that are not at all clear in terms of the duration of the “temporary” or importance for waterfowl.
Both with the previous executive and with the current one, the undersigned Associations have repeatedly requested and insisted on obtaining better and definitive indications both for hunters and for the competent supervisory bodies. A meeting has been set at the Ministry of the Environment only for next 4 September, therefore following the date set for the pre-opening in many Regions. For this reason, while hoping that at the end of the comparison the indications of the hunting world will be implemented in order to clearly modify the circular, above all with a view to definitively avoiding the risk of interpretations both by hunters and by the supervisory bodies, we cannot from the advise hunters to take a cautious approach, which in any way avoids the possibility of disputes.
Therefore, unless specific provisions are issued by the competent institutions regarding the correct, clear and non-variably interpretable identification of wetland, we invite hunters prudentially to avoid the use and presence on one's person of traditional lead ammunition in the presence of spring, marsh or irrigation water.
So we suggest:
Considering that in pre-opening hunting is permitted from a stand, or only to the quail for a few days in a roaming form, to establish a stand at a distance greater than 100 meters from any area of land containing water, including irrigation canals, with the exception of puddles created by recent rains, or collection tanks or concrete water pipes, which do not offer a suitable habitat for aquatic birds.
In the case of stray quail hunting, it is advisable to maintain a distance of 100 meters from surfaces of stagnant or flowing water, while, if the characteristics of the places make it impossible to maintain these distances, it is advisable to use only ammunition other than lead and to do not keep lead cartridges with you. We remind you that for this form of hunting the shots are close together and cartridges with iron shot are available that do not require lily barrels (i.e. the punch used to indicate the barrels suitable for the use of steel ammunition), they can be fired from normal rifles provided they are in good working order and maintenance.
Likewise, if the stakeout will be located less than 100 meters from damp surfaces, including irrigation ditches with water present, it is advised not to use and not to keep lead cartridges, in order to avoid possible litigation. Also for this situation there is the possibility of using cartridges with iron shot that do not require lily barrels, or different materials.
Attention: in case of doubts or uncertainties about the ammunition to be used or the adequacy of yours
rifle, talk to your trusted gunsmith first.
The Control Room will continue without saving to invest time and energy so that the application of the Regulations takes place without penalties and without uncertainties that harm the serenity of the hunting exercise carried out with passion by all Italian hunters.
You May Also Like ..
